Appellant
Respondent
- Parties: The appellant was GE Renewable Energy Canada Inc. The respondents were Canmec Industrial Inc. and Rio Tinto Alcan Inc.
- Subject Matter: This matter arose from a copyright infringement action. The appellant moved to amend its amended statement of claim and requested an adjournment. A motion judge of the Federal Court found the motion not in the interests of justice and also refused the requested adjournment. The appellant sought to reverse this decision.
- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal. The appeal court noted that the applicable standard of review was that of palpable and overriding error for questions of fact and questions of mixed fact and law and of correctness for questions of law. The appeal court rejected the appellant’s argument that the motion judge made multiple errors of law and palpable and overriding errors. The appeal court held that the motion judge identified the correct legal test applicable to a motion for leave to amend and to adjourn under rr. 75 and 76 of the Federal Courts Rules, S.O.R./98-106. The appeal court concluded that the motion judge considered the relevant factors in the circumstances, properly weighed the evidence, and provided a thorough analysis.
- Date: The hearing was set on Sept. 4, 2024. The court released its decision on Sept. 4, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: The appeal court awarded costs in an unspecified amount.
Court
Federal Court of AppealCase Number
A-206-24Practice Area
Intellectual propertyAmount
$ 0Winner
RespondentTrial Start Date
18 June 2024Download documents